Landlord Can Evict for Chronic Nonpayment of Rent

November 1, 2006

LVT Number: 19221

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant had signed a settlement agreement in court. Under the agreement, an eviction warrant was delayed on the condition that tenant pay rent in a timely manner during a probation period going forward. Landlord later sought to execute the warrant based on tenant's continued late payment. Tenant asked the court to delay execution of the eviction warrant. The court ruled for tenant. Landlord appealed and won.

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant had signed a settlement agreement in court. Under the agreement, an eviction warrant was delayed on the condition that tenant pay rent in a timely manner during a probation period going forward. Landlord later sought to execute the warrant based on tenant's continued late payment. Tenant asked the court to delay execution of the eviction warrant. The court ruled for tenant. Landlord appealed and won. Tenant had a long history of chronic nonpayment, which continued into the probation period in violation of the settlement agreement. Landlord could go forward with eviction.

255 East 10th St. LLC v. Durante: NYLJ, 10/12/06, p. 32, col. 6 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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